The State challenged the discharge of the accused by the Sessions Court, which relied on an RTI reply by the complainant and a legal bar under CrPC Section 195(1)(a)(i). The High Court found no infirmity in the order and refused leave to appeal.
Leave to file appeal as per CrPC Section 377 was refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1497 OF 2008
The State of Maharashtra
...Applicant
Vs.
Ramdas Dhondiba Pokharkar & Ors.
... Respondents
Shri P.A. Pole APP for State / Applicant
CORAM: V.M. KANADE J. DATED 1ST OCTOBER,2008
P.C.
Police Act.
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The complaint was lodged by one Pardhi at Ghodegaon Police Station, alleging that the Respondents had assaulted a public servant Shri Pokharkar and had illegally detained him in his office and, accordingly, a C.R. No.19/2005 was registered against the Respondents. After the investigation was completed, the charge sheet was filed against the Respondents in the Court of Judicial Magistrate, First Class, Ghodegaon.
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on that basis allowed the application filed by the Respondents.
Section 195(1) (a) (i) reads as under:
(1) No Court shall take cognizance-
(a) (i) of any offence punishable under sections 172 to 188 (both inclusive of the Indian Penal code (45 of 1860)”.
that no Court can take cognisance of the offence punishable under sections 172 and 188 or by any person, who is sub-ordinate to him. It is not brought
on record by the prosecution that Pardhi was sub-ordinate to the said Shri Pokharkar.
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therefore, no case is made out to grant leave to file an appeal. Leave is
accordingly refused.
V.M. KANADE J.
3 issues framed by the court
Whether the Sessions Court erred in allowing a Criminal Revision Application and discharging the accused based on an RTI reply given by the complainant.
Whether the Magistrate could take cognizance of the offence under Section 195(1)(a)(i) CrPC since the complaint was filed by a non-public servant.
Whether there is sufficient infirmity in the lower court's order to grant leave to appeal.
3 provisions across 3 enactments
The State of Maharashtra
Ramdas Dhondiba Pokharkar
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
